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Council urged caution on changing 'family' definition after state law removes occupancy limits
Summary
City staff flagged the local 'family' definition as potentially inconsistent with House Bill 24‑1007, which restricts local occupancy limits tied to familial relationships. City legal counsel warned local changes could invite legal challenge and recommended leaving the status quo unless enforcement pressure requires action.
Community Development Director Donna Ferguson asked council whether planning commission should revise the local definition of "family" to align with House Bill 24‑1007, a state law that prohibits local codes from limiting occupancy based on familial relationships. The staff presentation noted the definitions' review and asked whether council wanted planning commission to study this definition further.
Legal counsel Linda said lawmakers in 2024 enacted several bills that limit municipalities' ability to regulate certain occupancy and related zoning matters, describing the change as an attempt to expand housing options statewide. "There are probably 4 or 5 bills that were enacted last year in 2024, whereby the state legislature determined that these matters are of, mid state and local concern," she said, and added that enforcement remedies are limited unless tied to federal funding or pursued through court action.
Several council members said they preferred to retain the status quo and only change the code if a legal challenge or enforceable conflict arises. One councilor framed the question as a policy choice rather than a simple definition tweak: changing the code now could invite litigation; leaving it unchanged preserves existing local discretion until a concrete case emerges.
Staff will continue to flag the definition in the ULDC and planning commission will revisit it in context during code drafting if council directs further study.
